Overstay visa after marriage ..
Dec 3rd 2002, 1:05 am
#1
Forum Regular
Thread Starter
Joined: Oct 2002
Location: Denver, CO
Posts: 34
Overstay visa after marriage ..
I've sent this post as a response to another one, but I guess it is being
skipped by people.
------------------------------------------------------------------------
Originally posted by Mrtravel
He MUST not leave the US until adjustment of status has been granted.
If he does, he will face a ban if he tried to return.
------------------------------------------------------------------------
Does the ban also apply if someone, after getting married, overstays a B1/B2 visa for less than 180 days ? I'm curious because I got married while I was in status (B1/B2), but my I-94 expires on December 9.
I found some problems finding a sponsor (the one I thought would be a good one - he was my sponsor for extension of visa 6 months ago - turned yo be not so perfect - he didn't file taxes for last 5 years, while his income is high enough to be a sponsor) and it may take me some additional time to get a new one.
It is gonna be especially hard since my wife isn't much help and I don't know many people in Denver metro area willing to be a sponsor, but I know I have to try.
Regarding that I have an additional question - is the INS (or other institution) able to force me to go back to my country (if I didn't break the law, etc), while I didn't file for AOS (becaue of troubles with finding sponsor) in certain amount of time ?
Or the only disadventage of not filing AOS quickly enough is to be forced to stay in the US until gaining Permanet Resident status due to facing a ban after visiting my own country ?
skipped by people.
------------------------------------------------------------------------
Originally posted by Mrtravel
He MUST not leave the US until adjustment of status has been granted.
If he does, he will face a ban if he tried to return.
------------------------------------------------------------------------
Does the ban also apply if someone, after getting married, overstays a B1/B2 visa for less than 180 days ? I'm curious because I got married while I was in status (B1/B2), but my I-94 expires on December 9.
I found some problems finding a sponsor (the one I thought would be a good one - he was my sponsor for extension of visa 6 months ago - turned yo be not so perfect - he didn't file taxes for last 5 years, while his income is high enough to be a sponsor) and it may take me some additional time to get a new one.
It is gonna be especially hard since my wife isn't much help and I don't know many people in Denver metro area willing to be a sponsor, but I know I have to try.
Regarding that I have an additional question - is the INS (or other institution) able to force me to go back to my country (if I didn't break the law, etc), while I didn't file for AOS (becaue of troubles with finding sponsor) in certain amount of time ?
Or the only disadventage of not filing AOS quickly enough is to be forced to stay in the US until gaining Permanet Resident status due to facing a ban after visiting my own country ?
Dec 3rd 2002, 1:50 am
#2
Concierge
Joined: Apr 2001
Posts: 46,466
Re: Overstay visa after marriage ..
As you found out it is always been to start your own thread rather than riding on the coat tails of another.
As for your question, you are out of out of status as long as you have not filed. So being married to a USC doesn't mean anything other than it gives you the right to file for AOS. You are still out of status until the day your petition is accepted.
Why isn't your wife much help? Doesn't she work, have family, know people? Or is she unwilling to assist by asking someone to take on the financial responsibility of being your co-sponsor.
As for deportation, it is unusual for them to do so. But by staying past your alotted timeline, you have broken a law so your thoughts that you haven't are no correct. If they wanted to, they would have the right to look for you if you have not filed for AOS and are past the deadline on your tourist visa. Being married to a USC does not give you any particular rights in that regard. But as I mentioned it is quite rare that INS or the border guards will come looking for you.
And you are correct, once you have filed and if it is on the 180 day of overstay, then you should not leave the country even if INS makes a mistake and gives you A/P.
Rete
As for your question, you are out of out of status as long as you have not filed. So being married to a USC doesn't mean anything other than it gives you the right to file for AOS. You are still out of status until the day your petition is accepted.
Why isn't your wife much help? Doesn't she work, have family, know people? Or is she unwilling to assist by asking someone to take on the financial responsibility of being your co-sponsor.
As for deportation, it is unusual for them to do so. But by staying past your alotted timeline, you have broken a law so your thoughts that you haven't are no correct. If they wanted to, they would have the right to look for you if you have not filed for AOS and are past the deadline on your tourist visa. Being married to a USC does not give you any particular rights in that regard. But as I mentioned it is quite rare that INS or the border guards will come looking for you.
And you are correct, once you have filed and if it is on the 180 day of overstay, then you should not leave the country even if INS makes a mistake and gives you A/P.
Rete
Originally posted by vazagothic
I've sent this post as a response to another one, but I guess it is being
skipped by people.
------------------------------------------------------------------------
Originally posted by Mrtravel
He MUST not leave the US until adjustment of status has been granted.
If he does, he will face a ban if he tried to return.
------------------------------------------------------------------------
Does the ban also apply if someone, after getting married, overstays a B1/B2 visa for less than 180 days ? I'm curious because I got married while I was in status (B1/B2), but my I-94 expires on December 9.
I found some problems finding a sponsor (the one I thought would be a good one - he was my sponsor for extension of visa 6 months ago - turned yo be not so perfect - he didn't file taxes for last 5 years, while his income is high enough to be a sponsor) and it may take me some additional time to get a new one.
It is gonna be especially hard since my wife isn't much help and I don't know many people in Denver metro area willing to be a sponsor, but I know I have to try.
Regarding that I have an additional question - is the INS (or other institution) able to force me to go back to my country (if I didn't break the law, etc), while I didn't file for AOS (becaue of troubles with finding sponsor) in certain amount of time ?
Or the only disadventage of not filing AOS quickly enough is to be forced to stay in the US until gaining Permanet Resident status due to facing a ban after visiting my own country ?
I've sent this post as a response to another one, but I guess it is being
skipped by people.
------------------------------------------------------------------------
Originally posted by Mrtravel
He MUST not leave the US until adjustment of status has been granted.
If he does, he will face a ban if he tried to return.
------------------------------------------------------------------------
Does the ban also apply if someone, after getting married, overstays a B1/B2 visa for less than 180 days ? I'm curious because I got married while I was in status (B1/B2), but my I-94 expires on December 9.
I found some problems finding a sponsor (the one I thought would be a good one - he was my sponsor for extension of visa 6 months ago - turned yo be not so perfect - he didn't file taxes for last 5 years, while his income is high enough to be a sponsor) and it may take me some additional time to get a new one.
It is gonna be especially hard since my wife isn't much help and I don't know many people in Denver metro area willing to be a sponsor, but I know I have to try.
Regarding that I have an additional question - is the INS (or other institution) able to force me to go back to my country (if I didn't break the law, etc), while I didn't file for AOS (becaue of troubles with finding sponsor) in certain amount of time ?
Or the only disadventage of not filing AOS quickly enough is to be forced to stay in the US until gaining Permanet Resident status due to facing a ban after visiting my own country ?
Dec 3rd 2002, 2:16 am
#3
Forum Regular
Thread Starter
Joined: Oct 2002
Location: Denver, CO
Posts: 34
Re: Overstay visa after marriage ..
Originally posted by Rete
Why isn't your wife much help? Doesn't she work, have family, know people? Or is she unwilling to assist by asking someone to take on the financial responsibility of being your co-sponsor.
Why isn't your wife much help? Doesn't she work, have family, know people? Or is she unwilling to assist by asking someone to take on the financial responsibility of being your co-sponsor.
About her family .. we got married in secret /isn't it popular nowadays ?/. I don't say her family won't accept me or so, but they are more afraid of their daughter getting worse grades in school because of me (and the distraction I would bring into her world - distraction in their opinion of course - stability in mine), than their daughter happiness (because we both know that being separated would be the worst thing to experience and we worry one of us might , or even both, would be living on the edge of mental stability)
And the people she knows - it's always a risk to be someone's sponsor, even if I had been working for 4 years as a computer programmer back in my country (Poland). I am not a picky person and currently (after gaining the EAD) I would take any kind of job, just to be able to work, get some money, and to not be a source of worries/troubles for my sponsor.
Dec 3rd 2002, 6:39 am
#4
Guest
Posts: n/a
Re: Overstay visa after marriage ..
vazagothic wrote:
>
> I've sent this post as a response to another one, but I guess it is
> being
> skipped by people.
>
> ------------------------------------------------------------------------
> Originally posted by Mrtravel
>
> He MUST not leave the US until adjustment of status has been granted.
> If he does, he will face a ban if he tried to return.
> ------------------------------------------------------------------------
>
> Does the ban also apply if someone, after getting married, overstays a
> B1/B2 visa for less than 180 days ? I'm curious because I got married
> while I was in status (B1/B2), but my I-94 expires on December 9.
No, the ban applies to overstays of over 180 days.
vazagothic wrote:
>
> I've sent this post as a response to another one, but I guess it is
> being
> skipped by people.
>
> ------------------------------------------------------------------------
> Originally posted by Mrtravel
>
> He MUST not leave the US until adjustment of status has been granted.
> If he does, he will face a ban if he tried to return.
> ------------------------------------------------------------------------
>
> Does the ban also apply if someone, after getting married, overstays a
> B1/B2 visa for less than 180 days ? I'm curious because I got married
> while I was in status (B1/B2), but my I-94 expires on December 9.
>
> I found some problems finding a sponsor (the one I thought would be a
> good one - he was my sponsor for extension of visa 6 months ago - turned
> yo be not so perfect - he didn't file taxes for last 5 years, while his
> income is high enough to be a sponsor) and it may take me some
> additional time to get a new one.
>
> It is gonna be especially hard since my wife isn't much help and I don't
> know many people in Denver metro area willing to be a sponsor, but I
> know I have to try.
>
> Regarding that I have an additional question - is the INS (or other
> institution) able to force me to go back to my country (if I didn't
> break the law, etc), while I didn't file for AOS (becaue of troubles
> with finding sponsor) in certain amount of time ?
>
> Or the only disadventage of not filing AOS quickly enough is to be
> forced to stay in the US until gaining Permanet Resident status due to
> facing a ban after visiting my own country ?
>
> --
> Posted via http://britishexpats.com
>
> I've sent this post as a response to another one, but I guess it is
> being
> skipped by people.
>
> ------------------------------------------------------------------------
> Originally posted by Mrtravel
>
> He MUST not leave the US until adjustment of status has been granted.
> If he does, he will face a ban if he tried to return.
> ------------------------------------------------------------------------
>
> Does the ban also apply if someone, after getting married, overstays a
> B1/B2 visa for less than 180 days ? I'm curious because I got married
> while I was in status (B1/B2), but my I-94 expires on December 9.
No, the ban applies to overstays of over 180 days.
vazagothic wrote:
>
> I've sent this post as a response to another one, but I guess it is
> being
> skipped by people.
>
> ------------------------------------------------------------------------
> Originally posted by Mrtravel
>
> He MUST not leave the US until adjustment of status has been granted.
> If he does, he will face a ban if he tried to return.
> ------------------------------------------------------------------------
>
> Does the ban also apply if someone, after getting married, overstays a
> B1/B2 visa for less than 180 days ? I'm curious because I got married
> while I was in status (B1/B2), but my I-94 expires on December 9.
>
> I found some problems finding a sponsor (the one I thought would be a
> good one - he was my sponsor for extension of visa 6 months ago - turned
> yo be not so perfect - he didn't file taxes for last 5 years, while his
> income is high enough to be a sponsor) and it may take me some
> additional time to get a new one.
>
> It is gonna be especially hard since my wife isn't much help and I don't
> know many people in Denver metro area willing to be a sponsor, but I
> know I have to try.
>
> Regarding that I have an additional question - is the INS (or other
> institution) able to force me to go back to my country (if I didn't
> break the law, etc), while I didn't file for AOS (becaue of troubles
> with finding sponsor) in certain amount of time ?
>
> Or the only disadventage of not filing AOS quickly enough is to be
> forced to stay in the US until gaining Permanet Resident status due to
> facing a ban after visiting my own country ?
>
> --
> Posted via http://britishexpats.com
Dec 3rd 2002, 7:39 am
#5
Concierge
Joined: Apr 2001
Posts: 46,466
Re: Overstay visa after marriage ..
I don't know if marrying in secret and hiding the marriage from family is a popular sport of not at the moment. Being the parent of two adult children I would hope not. Even if I thought they were irresponsible, I would hate the thought that they felt they could not come to me to share the good, the bad, the ugly and the sublime in their lives.
As for your situation, guess time will tell if your wife's grade remain as they are (which you indicate are not too good to start with) or deteriotate even more.
Wishing you well in your search for a sponsor. The longer you go without, the longer you wait for an EAD and the ability to start supporting yourself and your new wife.
Rete
As for your situation, guess time will tell if your wife's grade remain as they are (which you indicate are not too good to start with) or deteriotate even more.
Wishing you well in your search for a sponsor. The longer you go without, the longer you wait for an EAD and the ability to start supporting yourself and your new wife.
Rete
Originally posted by vazagothic
Yes, it's the exacactly this situation - my wife is afraid of asking someone to be a sponsor (since she's still a student she cannot be one for me).
About her family .. we got married in secret /isn't it popular nowadays ?/. I don't say her family won't accept me or so, but they are more afraid of their daughter getting worse grades in school because of me (and the distraction I would bring into her world - distraction in their opinion of course - stability in mine), than their daughter happiness (because we both know that being separated would be the worst thing to experience and we worry one of us might , or even both, would be living on the edge of mental stability)
And the people she knows - it's always a risk to be someone's sponsor, even if I had been working for 4 years as a computer programmer back in my country (Poland). I am not a picky person and currently (after gaining the EAD) I would take any kind of job, just to be able to work, get some money, and to not be a source of worries/troubles for my sponsor.
Yes, it's the exacactly this situation - my wife is afraid of asking someone to be a sponsor (since she's still a student she cannot be one for me).
About her family .. we got married in secret /isn't it popular nowadays ?/. I don't say her family won't accept me or so, but they are more afraid of their daughter getting worse grades in school because of me (and the distraction I would bring into her world - distraction in their opinion of course - stability in mine), than their daughter happiness (because we both know that being separated would be the worst thing to experience and we worry one of us might , or even both, would be living on the edge of mental stability)
And the people she knows - it's always a risk to be someone's sponsor, even if I had been working for 4 years as a computer programmer back in my country (Poland). I am not a picky person and currently (after gaining the EAD) I would take any kind of job, just to be able to work, get some money, and to not be a source of worries/troubles for my sponsor.
Dec 10th 2002, 5:04 am
#6
Forum Regular
Thread Starter
Joined: Oct 2002
Location: Denver, CO
Posts: 34
Re: Overstay visa after marriage ..
Originally posted by Rete
As for your situation, guess time will tell if your wife's grade remain as they are (which you indicate are not too good to start with) or deteriotate even more.
As for your situation, guess time will tell if your wife's grade remain as they are (which you indicate are not too good to start with) or deteriotate even more.
Her parents are from India and I believe they imagine someone else than a white guy from Europe for their oldest daughter.
If the connections between my wife and her parents would be a good ones then we surely would have told them about our plans, but because they are not very good, we didn't.
It saves additional troubles for my Beloved, because it's her family which stresses her most.
Wishing you well in your search for a sponsor. The longer you go without, the longer you wait for an EAD and the ability to start supporting yourself and your new wife.
Yes, that's a sad thing and I try my best to get a sponsor really quick.
slightly out of order, sorry
I don't know if marrying in secret and hiding the marriage from family is a popular sport of not at the moment. Being the parent of two adult children I would hope not. Even if I thought they were irresponsible, I would hate the thought that they felt they could not come to me to share the good, the bad, the ugly and the sublime in their lives.
I don't know if marrying in secret and hiding the marriage from family is a popular sport of not at the moment. Being the parent of two adult children I would hope not. Even if I thought they were irresponsible, I would hate the thought that they felt they could not come to me to share the good, the bad, the ugly and the sublime in their lives.
Unfortunatelly my wife never had a contact with her parents. They left India when she was little (leaving her behind) and for couple of years she believed her grandparents were her real parents, because the 'real' ones rarely appeared in her life.
Darek
